IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2020-409-000032
[2020] NZHC 939
BETWEEN NATHAN BRIAN KURA
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 7 May 2020 Appearances:
C G Nolan for Appellant
J H Whitcombe for Respondent (via VMR)
Judgment:
7 May 2020
JUDGMENT OF DUNNINGHAM J
Introduction
[1] Nathan Kura, the appellant, was sentenced by Judge Couch on 19 March to two years and four months’ imprisonment on 10 charges. These were theft over
$1,000, dishonestly using a document, driving whilst suspended, wilful damage, receiving under $500, failing to answer bail, dishonestly getting into a vehicle, failing to stop and two counts of theft under $500.1 The appellant appeals that sentence.
Facts
[2] The appellant had his licence suspended for three months on 1 November 2018. On 6 November 2018 he was stopped by police while driving a vehicle on Barrington Street.
1 Police v Kura [2020] NZDC 5176.
KURA v NEW ZEALAND POLICE [2020] NZHC 939 [7 May 2020]
[3] On 4 February 2019, the appellant was arrested for breaching bail. He was handcuffed and placed in the back seat of a patrol vehicle. The appellant became aggressive and kicked the car door multiple times, causing the top of the door to bend out and preventing it from being able to close properly.
[4] On 18 February 2019, a woman lost her ASB credit card. The appellant came into possession of that credit card the next morning and used it to purchase $53.40 of grocery items at Fresh Choice Parklands.
[5] A Toyota Surf vehicle was stolen from Amberley on about 23 June 2019. In the afternoon of 25 June, the appellant drove that vehicle into Z Energy fuel station at Belfast. The number plates were covered by cardboard. The appellant pumped $70 of diesel into the vehicle while his associate went into the store, and they then left without paying for the diesel. After leaving the garage the appellant took the cardboard off the plates, revealing false number plates. Police saw the vehicle turning off State Highway 1, and indicated for the appellant to pull over with red and blue lights. The appellant drove off, and the police activated the sirens. The appellant continued to drive at speed, going through a stop sign. He pulled over on two occasions before speeding off again when police approached the vehicle. Eventually police ended the pursuit due to concerns for public safety.
[6] At around 4.30 pm on 16 July 2019, the appellant drove into Z Energy fuel station at Shirley and pumped $40 of diesel into his vehicle. He drove away without paying.
[7] In the early morning of 17 July 2019, the appellant and an associate entered the Christchurch International Airport arrival/departure lounge. The appellant acted as a lookout while his associate entered the Spark Kiosk and stole 13 mobile phones and associated equipment from locked cabinets.
District Court decision
Sentence indication
[8] Judge Couch gave the appellant a…
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- Case
- [2020] NZHC 939
- Decision Date
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